Common use of Small Claims Clause in Contracts

Small Claims. You and We retain the right to seek individual relief in small claims court so long as the Claim is only in that court and is within that court’s jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is transferred, removed, or appealed to a different court. Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: self-help remedies (such as repossession), foreclosure, replevin, garnishment, and/or individual injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction, or if an Excluded Claim is transferred, removed, or appealed to a different court. Non-Waiver. Even if a Claim is brought in court, You or We may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association (“AAA”) or, if the AAA is not available, another arbitration organization, subject to agreement by both You and Us. You can find the rules of the AAA by visiting its website at xxx.xxx.xxx. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed arbitration organization. Arbitrators must apply substantive governing law and applicable statutes of limitation. The arbitration hearing will be conducted before a single arbitrator in the federal district where You live. The arbitration may take place somewhere else more convenient to You if required by the rules of the AAA or any other agreed arbitration organization. If You and We agree, the arbitration can be conducted by telephone. You will pay an administrative fee and arbitrator’s fees. The AAA caps Your fees depending on the amount of any Claim that You file. We will be responsible for administrative fees and arbitrator’s fees in excess of the capped amounts. If You ask Us in writing, We will pay the entire administrative fee and arbitrator’s fees. You and We will each pay Our own attorney’s fees and witness and experts’ expenses, except as otherwise required by law or this Arbitration Agreement. The arbitration award must be in a written, reasoned opinion. Any award must be kept confidential. The arbitrator’s decision is final and binding. You and We have a limited right to appeal as permitted under the Federal Arbitration Act, except that if any arbitration results in an award of damages of $100,000 or more, either You or We may appeal that award to a three (3) arbitrator panel (selected under AAA rules), which arbitration panel will hear the Claim de novo.

Small Claims. You and We retain the right to seek individual relief If a dispute or claim can be resolved in small claims court so long as court, such dispute or claim shall be filed in in Xxxxx County, Nevada. Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SWAPIDEA. In the Claim is only in unlikely event that court and is within that court’s jurisdiction. Filing or pursuing Swapidea has not been able to resolve a Claim in small claims court does not waive dispute it has with you after 60 days, we each agree to resolve any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is transferredclaim, removeddispute, or appealed controversy (excluding any Swapidea claims for injunctive or other equitable relief) arising out of or in connection with or relating to a different court. Excluded this Agreement, or the breach or alleged breach thereof (collectively, “Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: self-help remedies (such as repossession”), foreclosure, replevin, garnishment, and/or individual injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seek by binding arbitration for Claims outside by the court’s jurisdiction, or if an Excluded Claim is transferred, removed, or appealed to a different court. Non-Waiver. Even if a Claim is brought in court, You or We may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association Associate (“AAA”) orCommercial Arbitration Rules, if the AAA is not availableConsumer Due Process Protocol, another arbitration organization, subject to agreement by both You and Us. You can find the rules Supplementary Procedures for Resolution of the AAA by visiting its website at xxx.xxx.xxx. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed arbitration organization. Arbitrators must apply substantive governing law and applicable statutes of limitationConsumer-Related Disputes. The arbitration hearing will be conducted before a single arbitrator in the federal district where You liveHenderson, Nevada, unless you and Swapidea agree otherwise. The arbitration may take place somewhere else more convenient to You if required by the rules of the AAA or any other agreed arbitration organization. If You and We agree, the arbitration can be conducted by telephone. You will pay an administrative fee and arbitrator’s fees. The AAA caps Your fees depending on the amount of any Claim that You file. We Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and arbitratorreasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in the terms of arbitration shall be deemed as preventing Swapidea from seeking injunctive or other equitable relief from the courts as necessary to protect any of Swapidea’s fees in excess of the capped amountsproprietary interests. If You ask Us in writingALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, We will pay the entire administrative fee and arbitrator’s feesAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. You and We will each pay Our own attorney’s fees and witness and experts’ expensesTHIS WAIVER APPLIES TO CLASS ARBITRATION, except as otherwise required by law or this Arbitration AgreementAND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. The arbitration award must be in a writtenYOU AGREE THAT, reasoned opinion. Any award must be kept confidential. The arbitrator’s decision is final and binding. You and We have a limited right to appeal as permitted under the Federal Arbitration ActBY ENTERING INTO THIS TERMS OF SERVICE, except that if any arbitration results in an award of damages of $100,000 or moreYOU AND SWAPIDEA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, either You or We may appeal that award to a three (3) arbitrator panel (selected under AAA rules)COLLECTIVE ACTION, which arbitration panel will hear the Claim de novoPRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Small Claims. You and We retain the right to seek individual relief If a dispute or claim can be resolved in small claims court so long as court, such dispute or claim shall be filed in in Xxxxx County, Nevada. Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SWAPIDEA. In the Claim is only in unlikely event that court and is within that court’s jurisdiction. Filing or pursuing Xxxxxxxx has not been able to resolve a Claim in small claims court does not waive dispute it has with you after 60 days, we each agree to resolve any right to seek arbitration for Claims outside the court’s jurisdiction or if the Claim is transferredclaim, removeddispute, or appealed controversy (excluding any Swapidea claims for injunctive or other equitable relief) arising out of or in connection with or relating to a different court. Excluded this agreement, or the breach or alleged breach thereof (collectively, “Claims. The following claims, called Excluded Claims, are excluded from the arbitration process: self-help remedies (such as repossession”), foreclosure, replevin, garnishment, and/or individual injunctive relief. Pursuing an Excluded Claim in court does not waive any right to seek by binding arbitration for Claims outside by the court’s jurisdiction, or if an Excluded Claim is transferred, removed, or appealed to a different court. Non-Waiver. Even if a Claim is brought in court, You or We may choose to arbitrate any Claim made by a new party or any Claim later asserted by a party in that action or any related or unrelated lawsuit. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association Associate (““ AAA”) orCommercial Arbitration Rules, if the AAA is not availableConsumer Due Process Protocol, another arbitration organization, subject to agreement by both You and Us. You can find the rules Supplementary Procedures for Resolution of the AAA by visiting its website at xxx.xxx.xxx. Arbitrators must be attorneys or retired judges with at least 15 years of experience practicing law. Arbitrators must be selected according to rules of the AAA or any other agreed arbitration organization. Arbitrators must apply substantive governing law and applicable statutes of limitationConsumer-Related Disputes. The arbitration hearing will be conducted before a single arbitrator in the federal district where You liveHenderson, Nevada, unless you and Swapidea agree otherwise. The arbitration may take place somewhere else more convenient to You if required by the rules of the AAA or any other agreed arbitration organization. If You and We agree, the arbitration can be conducted by telephone. You will pay an administrative fee and arbitrator’s fees. The AAA caps Your fees depending on the amount of any Claim that You file. We Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and arbitratorreasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in the terms of arbitration shall be deemed as preventing Swapidea from seeking injunctive or other equitable relief from the courts as necessary to protect any of Swapidea’s fees in excess of the capped amountsproprietary interests. If You ask Us in writingALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, We will pay the entire administrative fee and arbitrator’s feesAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. You and We will each pay Our own attorney’s fees and witness and experts’ expensesTHIS WAIVER APPLIES TO CLASS ARBITRATION, except as otherwise required by law or this Arbitration AgreementAND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. The arbitration award must be in a writtenYOU AGREE THAT, reasoned opinion. Any award must be kept confidential. The arbitrator’s decision is final and binding. You and We have a limited right to appeal as permitted under the Federal Arbitration ActBY ENTERING INTO THIS TERMS OF SERVICE, except that if any arbitration results in an award of damages of $100,000 or moreYOU AND SWAPIDEA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, either You or We may appeal that award to a three (3) arbitrator panel (selected under AAA rules)COLLECTIVE ACTION, which arbitration panel will hear the Claim de novoPRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.